August 6

Fatal Crash Results in $3.5 Jury Rewarded Victim for Victim’s Family

Five years ago, Chad Kessing’s car crossed over the centerline while he was driving on Highway 17-A and struck the SUV Wanda Holland was driving. The impact killed Holland instantly. Five years later, Kessing has been ordered to pay Holland’s family a $3.5 million settlement.

lawsuit-settle-1The fact that Kessing was the one responsible for the fatal accident is just one of the reasons that Holland’s family filed a civil suit against him. The other was the fact that Holland should never have been driving in the first place. A history of seizures had resulted in the state revoking his license two times. At the time of his accident, Kessing did have a beginners permit, but that only allowed him to drive when a fully licensed person was in the car with him. At the time of the accident, Kessing was alone in the car.

“He admitted that he knew that he was unsafe to be on the road,” the attorney representing the Holland family, Julie Moore, said. “He admitted he didn’t have a proper driver’s license at the time. He admitted that he had a history of seizures which had previously caused two accidents. Then he admitted… driving anyway.”

After hearing the details of the case, the jury rule that Holland’s family should receive $3 million for their punitive damages as well as an additional $500,000 for actual damages.

“My hope is that hearing about cases like this encourage individuals who are in a situation like Mr. Kessing’s to stop and reconsider before they get behind a wheel,” said Attorney Joseph Sandefur of South Carolina’s top personal injury firm.

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Driving isn’t without risks, and in South Carolina, those risks are even higher than in other parts of the country. Whether it’s the number of fatal DUIs that take place each year or the general state of the roadways, South Carolina consistently has the worst numbers.

It’s important to remember that if you are hurt, or that someone you love is killed, as a result of an accident that wasn’t your fault, you do have some legal options. Most people choose to get in touch with a law firm that specializes in personal injuries where they are free to discuss the possibility of filing a civil lawsuit. This civil lawsuit makes it possible for you to collect a settlement that covers both your actual and punitive damages.

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There are several reasons you need to have an experienced personal injury lawyer on your side when you decide to file a civil suit. Not only will they help you with a terminology and other details involved in filling out the paperwork, but they will also investigate the details of the auto accident and look for ways to strengthen your case. After the paperwork has been filed, you lawyer will guide you through the negotiation process where most civil lawsuits are settled.

For more information regarding how to handle a lawsuit following a car accident, contact joeandmartin.com.

 

 

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June 2

Turtle Comes Crashing Through a Myrtle Beach Driver’s Windshield

Myrtle Beach is well-known for its fun and colorful creatures, but most feel that as long as they are not near the water that many of these will not present a problem. Monday was a day like any other until a woman was driving along a Myrtle Beach highway and her windshield was struck by something you would never think possible.

It appears that the turtle struck the woman’s windshield after being hit by another vehicle. After flying through the window, the turtle bounced of the car’s passenger seat and came to rest of the vehicle’s dashboard. The windshield was shattered and the driver understandably shaken.

“A vehicle in front [of Bjanes’ car] ran over the turtle. The turtle was thrown airborne and struck the windshield … shattering it,” reports officers of the Myrtle Beach Highway Patrol that responded to the scene.

1_201605151230381WYsYThe driver of the vehicle was going approximately 75 miles per hour on the I-4 highway. “As soon as it hit the windshield, of course I was a little freaked out and hysterical,” said Nicole Marie Bjanes, the driver of the vehicle.

If this accident proves anything it is that you never know what to expect once you hit the road. Everyone knows to avoid distractions and to never drive impaired. Drivers are paying attention to the road and those around them as they go about town. However, a flying turtle is certainly not something that warrants questions on the written test for a driver’s license.

It is especially important to be alert and aware when going at high speeds on the highway. This helps to avoid creating an accident that could prove disastrous, and in some cases, even fatal.

“When you are on the road, it is important to be aware and alert, but there is always a chance that something completely out of the ordinary will happen,” said Joe and Martin, managing partners of a top personal injury law firm with an office located in Myrtle Beach. “When this type of situation happens, it is important to speak to an Myrtle Beach auto accident attorney that can assist with determining liability and what needs to be done to properly deal with the insurance company.”

While driving, it is important to be aware that things like this can happen, even though they are rare. The driver was in control of her vehicle and was able to pull over safely without involving any other vehicles in this accident.

Both the driver and the turtle were okay after the accident. This is largely due to Bjanes remaining calm and staying in control of her vehicle from the second the turtle came sailing through her windshield. Bjanes suffered from a few minor cuts following the accident, but no serious injuries.
Negotiating a settlement for a car accident or personal injury claim requires that you calculate a reasonable amount of money you would accept to give up your legal claim. Most insurance companies and injury attorneys rely on one formula or another to get a starting point for settlement talks.

The turtle’s shell was scuffed, but he or she was otherwise fine. A firefighter and a state trooper took the turtle to safety and released him or her into a pond near the site of the accident. The turtle swam away.

 

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